Stoner v. Mau
Wyoming Supreme Court
Error to the District Court, Uinta County, Hon. Richard H. Scott, Judge of First Judicial District, presiding. Action by Frank A. Mau against John W. Stoner for damages and injunction on account of an alleged actual and threatened wrongful diversion of water from plaintiff’s ditch. Judgment went for plaintiff, and defendant, alleging error, sought a reversal. The material facts are stated in the opinion. The jury failed and refused to follow the instructions of the court.
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Error to the District Court, Uinta County, Hon. Richard H. Scott, Judge of First Judicial District, presiding. Action by Frank A. Mau against John W. Stoner for damages and injunction on account of an alleged actual and threatened wrongful diversion of water from plaintiff’s ditch. Judgment went for plaintiff, and defendant, alleging error, sought a reversal. The material facts are stated in the opinion. The jury failed and refused to follow the instructions of the court. Under the first instruction of the court, given at the request of the plaintiff in error, Stoner was not required to…
1Opinion of the Court
PoTTBR, JuSTICR.
The defendant in error, Frank A. Mau, recovered a judgment in the District Court in this action for the sum of two thousand dollars as damages for injuries alleged to have been sustained by him through the wrongful diversion of water from an imgating ditch by the plaintiff in error; and the latter was perpetually enjoined from thereafter taking or diverting such water.
By his petition in the action, defendant in error alleges that he is. the owner and in possession of certain lands consisting of three hundred and twenty acres, and in the year 1900 had growing on said land large…
2Cases cited4 opinions
- Van Horn v. StateWyoming Supreme Court · 1895
- Akin v. DavisSupreme Court of Kansas · 1873
- Chosen Friends Home Loan & Savings League v. OttersonWyoming Supreme Court · 1897
- Getty v. Hudson River Rail RoadNew York Supreme Court · 1851
3Cited by12 opinions
- Wischmann v. RaikesNebraska Supreme Court · 1959
- Allen v. HounWyoming Supreme Court · 1923
- Brchan v. Crete MillsNebraska Supreme Court · 1952
- Waxler v. StateWyoming Supreme Court · 1950
- Dechert v. ChristopulosWyoming Supreme Court · 1980
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